[HISTORY: Adopted by the Town Board of the Town of Islip 10-17-2023 by L.L. No. 6-2023. Amendments noted where applicable.]
The Town Board of the Town of Islip finds that smoking and the use of tobacco in the Town of Islip public buildings and parks have the potential for creating a serious health hazard for employees of the Town of Islip and the citizens of the Town of Islip who visit and utilize Town buildings, grounds, beaches, parks and recreation areas. The Town Board has determined that, in order to protect and promote the public health, safety, and welfare of the employees and citizens of the Town of Islip, it is necessary to restrict the acts of smoking and tobacco and cannabis use in and around Town-owned buildings, beaches, parks, recreation areas and playgrounds. In addition, to further protect the public health, safety, and welfare, the Town prohibits the act of smoking tobacco and cannabis at Town-sponsored and co-sponsored events and events requiring a permit except in areas designated and approved by the Town and conspicuously designated "Smoking Permitted." This provision does not address nor is it intended to prohibit certified medical marijuana consumption in an ingestible and nonsmoking form by a certified patient.
As used in this chapter, the following terms shall have the meanings as indicated below:
CANNABIS or CANNABIS-RELATED PRODUCT
Any product containing marijuana, THC or CBD in any form or as the term is defined by Chapter 7-A of the New York State Consolidated Laws or the New York State Cannabis Law.
CHILDREN
Persons under the age of 18 years.
E-CIGARETTE or VAPE
Any electronic device composed of a mouthpiece, heating element, battery and/or other electronic circuit that provides a vapor of liquid nicotine, cannabis product and/or other substance that is sometimes mixed with propylene glycol by the user as they simulate smoking. This term shall include all such devices whether they are manufactured as e -Cigarettes, e -cigars, e -pipes, and vapes or under any other product name.
MARINA
Any facility for the berthing of all types of recreational watercraft, providing secure moorings, or offering fishing stations, and designated as a Town of Islip marina.
PARK
Any outdoor recreation area, playground, playing field, pavilion or open space that has been designated for recreational purposes or activities. All parking areas and lots within such parks shall be included for purposes of this chapter.
PAVILION
A structure that is at least partially unenclosed and that is intended for public use.
PLAYGROUND
An outdoor recreation area that is designed and intended for use by children and for the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games and/or sports and for the purposes of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game or sport for which it is being used, together with any bleacher sand other designated viewing area.
SMOKE
The emission produced by the burning of a tobacco product or tobacco-related product, cannabis product or cannabis-related product or the heating of an e-cigarette which creates a vapor.
SMOKING
The inhaling, exhaling, burning, vaping or carrying of any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco, nicotine, or plant product, including cannabis, intended for inhalation, in any manner or in any form.
TOBACCO or TOBACCO-RELATED PRODUCT
Any manufactured product containing tobacco, or nicotine, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, shisha, powered and/or dissolvable tobacco projects, liquid nicotine and electronic cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing tobacco or nicotine; or any object utilized for the purpose of smoking or inhaling tobacco or nicotine products.
TOWN-OWNED BEACHES, PARKS AND PLAYGROUNDS
Includes, but is not limited to, all beaches, parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Islip. All parking areas and lots within such beaches, parks, playgrounds and recreation areas shall be included for purposes of this chapter.
TOWN-OWNED BUILDING
Any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Islip or any of its departments and used for the conduct of public business, and any building, structures or enclosed areas located at any Town-owned park, recreation area or playground. All parking areas and lots adjacent to such buildings, structures, or enclosed outdoor areas shall be included for purposes of this chapter. This term also includes Town-owned vehicles.
A. 
Indoor areas. In accordance with the New York State Clean Indoor Air Act (Public Health Law. Article 13-E), smoking tobacco or cannabis, including the use of an e-cigarette or vape, and the use of tobacco or cannabis products are prohibited indoors throughout all Town-owned buildings and facilities (hereinafter "Town building").
B. 
Outdoor areas. It shall be a violation of this chapter for any person to smoke tobacco or cannabis, including the use of e-cigarettes or vapes, or otherwise use tobacco or cannabis products at the following outdoor locations and/or events:
(1) 
Within all Town-owned beaches, parks, playgrounds and recreation areas.
(2) 
Within 25 feet of the property boundary of any Town-owned building not located in a park, beach, recreation area or playground.
(3) 
Within 25 feet of entrances and exits to other buildings within which smoking is prohibited by Article 13-E of the New York Public Health Law.
(4) 
Within 50 feet of any Town-sponsored, co-sponsored or approved event, including any associated highway, roadway, sidewalk and/or right-of-way that is included and made part of Town-sponsored or approved event.
(5) 
The Town further determines and declares that all Town-owned beaches, parks, recreation areas and playgrounds shall be designated as tobacco- and cannabis-free zones.
A. 
It shall be a violation for any person to smoke or use tobacco in any area where smoking is prohibited by the provisions of this chapter.
B. 
Any person who is convicted of violating any provision of this chapter shall be subject to a fine of not less than $250 nor more than $1,000 per violation.
The provisions of this chapter are declared severable, and if any section or subsection of this chapter is held to be invalid, such invalidity shall not affect the other provisions of this chapter that can be given effect without the invalidated provision.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed.
This chapter shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.